Week 2A Public vs. Private Regulators Flashcards

1
Q

Define what a Public Regulator is

A
  • No uni. def
    -general. a state body/ assoc. with state body
    -exp. to act in the PUB INTEREST
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2
Q

TRUE or FALSE: the powers allocated to a public body are usually laid out in a statute

A

TRUE

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3
Q

Explain the importance of determining whether an insti. is pub. or priv.

A

-fun. rights invokation
-principles of good administratin
-Courts
–>public author. –> adm courts
–> priv authorities–> civil courts

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4
Q

Should the claim to damages in the Blanco case be brought before a civil or adm. court

A

-Adm court
-com. doing state job/ pub. task
-public law

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5
Q

TRUE or FALSE: NGOs cannot be public authorities

A

FALSE
-if there is a statute or fills cumulative list then is a pub. auth.

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6
Q

How can Private regulators gain status as public authorities?

A

-Stat. Mandate
-cont. mandate
-No mandate
-Look to 3 cum. crit.

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7
Q

How can the Grenfell Tower Fire be explained through privitasation?

A

-the EXTENSIVE privati. of the examination of the fire soundness of the building
-outsourc. of tasks
-lack of oversight

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8
Q

What are the 3 common cumulative criteria to determine whether an organisation is a public authority.

A
  1. public task/public service
  2. pub. funding (more than 50%)
  3. pub. super.
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9
Q

Explain how the Milieudefensie v. Shell case reflects the public role of priv. organisations

A

-MD brought case to court
-2 puruse public int.

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10
Q

TRUE OR FALSE: top-down, or state -centred administrative law is in decline

A

-TRUE

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11
Q

Explain why traditional adm. law is in decline

A
  1. priv. of pub tasks
  2. decentral.
    –> more pub. tasks at a lower level of gov.
  3. globalisation
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12
Q

What are the important legal examples to remember in regards to this week?

A

-Milieudefensie v. shell
-Greenfell towers
-Blanco
-The alliance to better protect minors online

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13
Q

List the main regulatory forms

A
  1. self-regulation
  2. co-regulation
    3.public regulation
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14
Q

TRUE or FALSE: each reg. tool falls into a distinct regulatory form category

A
  • FALSE, not necessarily true
    -it’s a spectrum
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15
Q

Explain what self-regulation is

A

-regulati. of own activity
-allowed by agree.

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16
Q

Give an example of self-regulation

A

-The alliance to better protect minors online

17
Q

Explain the strengths of self-regulation

A

-Cons. + cooper.
-Indust. actors often have more expertise in rel. areas than the st
-State does not need to sholder the costs
-intern. in reg. trade

18
Q

Explain the weaknesses of self regulation

A

-may not always serve the pub. interest
- x dem. legiti.
-no sep. of powers,
-rule-making,
-impl. and enf. in the:
-hands of 1 body

19
Q

Explain co-regulation

A

-gov delegation of
-task of reg. of part. sec. or profession
-2 self-reg. industry or body or profes. association
-but RETAINS oversight

20
Q

Give an example of co-regulation

A

-Code of Conduct for Consumer Credit in the Netherlands

21
Q

Explain the strengths of co-regulation

A

combines the strengths of self- reg.(consent, cooper) + pub. reg. (more sep of power, public interest)
-Whilst minimising their weaknesses
(lack of skill, high adm costs) (priv. inter., no sep. of power, democ. legitimacy)

22
Q

Explain the weaknesses of co-regulation

A

-gov. involve./ oversi. may not be enough to ensure that the reg. serve the public interest

23
Q

Explain what public regulation is

A

-Set of rules adop. by gov. 2 cont. the op of markets
-+ mechnisms for monitoring and enforcement

24
Q

Explain the strengths of public regulation

A

-strictly (or at least purported. in pursuit of pub. int.)
-Stronger enforcement
+ more focus on checks and balances
-transparency in comp. 2 SR

25
Q

Explain the weaknesses of public regulation

A
  • 2 much bureac.
  • lack. suff. tec. or expert knoweldge
  • Taxpayers bear high ad. costs
  • not bore by internal regulators
26
Q

What are the important legal examples to remember for this topic?